Summary of "DISQUALIFY A JUDGE" Case

Motion to Disqualify a Judge

In a case before the United States District Court, a plaintiff moves for the disqualification of Judge Thomas M. Durkin citing personal bias and prejudice. The plaintiff alleges that the judge's impartiality is questionable, especially concerning a motion for default of certain party defendants. The judge's decision to deny the motion was based on questionable grounds related to the service of process by a county official, which the plaintiff argues was deceitful and fraudulent.

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Default of Certain Party Defendants

The plaintiff asserts that the named party defendants were properly served with summons as per Illinois statutes but intentionally defaulted on responding to the complaint, thereby violating the plaintiff's civil rights under Section § 1983. Despite the plaintiff's motion for default being denied by Judge Durkin, the defendants failed to file any motions for dismissal themselves.

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Violation of Civil Rights

The denial of the plaintiff's motion for default by Judge Durkin led to the plaintiffs being subjected to conduct under the color of law, depriving them of their constitutional rights. Furthermore, the judge's actions, including granting a motion to dismiss certain defendants without due process, are deemed as fraudulent and a violation of the Fifth and Fourteenth Amendments.

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